Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1381


Introduced by Assembly Member Weber

February 27, 2015


An act to amendbegin delete Sectionend deletebegin insert Sections 11340 andend insert 11360 of the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 1381, as amended, Weber. Real estate appraisers.

Existing law provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. Existing lawbegin delete authorizesend deletebegin insert requires the chief to adopt regulations governing the process and the procedure of applying for a license, including, but not limited to, necessary experience or education, equivalency, and minimum requirements of the Appraisal Foundation. Existing law requires, for purposes of the educational background requirements, the chief to grant credits for any courses taken on real estate appraisal ethics or practices, as specified.end insert

begin insert

This bill would also require, for purposes of the educational background requirements, the chief to require education in valuing sustainable real estate assets.

end insert

begin insertExisting law also requiresend insert the chief to adopt regulations relating to the license renewal process that include continuing education requirements.

begin delete

This bill would make a nonsubstantive change to that latter provision.

end delete
begin insert

This bill would require the continuing education requirements to include education in valuing sustainable real estate assets. This bill would also prohibit the renewal of a license unless an applicant provides evidence of continuing education in valuing sustainable real estate assets.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11340 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

11340.  

The director shall adopt regulations governing the
4process and the procedure of applying for a license which shall
5include, but not be limited to, necessary experience or education,
6equivalency, and minimum requirements of the Appraisal
7Foundation, if any.

8(a) For purposes of the educational background requirements
9established under this section, the director shallbegin delete grantend deletebegin insert do both of
10the following:end insert

11begin insert (1)end insertbegin insertend insertbegin insertGrantend insert credits for any courses taken on real estate appraisal
12ethics or practices pursuant to Section 10153.2, or which are
13deemed by the director to meet standards established pursuant to
14this part and federal law.

begin insert

15(2) (A) Require education in valuing sustainable real estate
16assets.

end insert
begin insert

17(B) For purposes of this paragraph, “sustainable real estate
18assets” include, but are not limited to, solar and wind power
19generation installations and energy efficiency measures.

end insert

20(b) For the purpose of implementing and applying this section,
21the director shall prescribe by regulation “equivalent courses” and
22“equivalent experience.” The experience of employees of an
23assessor’s office or of the State Board of Equalization in setting
24forth opinions of value of real property for tax purposes shall be
25deemed equivalent to experience in federally related real estate
26appraisal activity. Notwithstanding any other law, a holder of a
27valid real estate broker license shall be deemed to have completed
28appraisal license application experience requirements upon proof
29that he or she has accumulated 1,000 hours of experience in the
30valuation of real property.

31(c) The director shall adopt regulations for licensure which shall
32meet, at a minimum, the requirements and standards established
P3    1by the Appraisal Foundation and the federal financial institutions
2regulatory agencies acting pursuant to Section 1112 of the Financial
3Institutions Reform Recovery and Enforcement Act of 1989, Public
4Law 101-73 (FIRREA). The director shall, by regulation, require
5the application for a real estate appraiser license to include the
6applicant’s social security number.

7(d) In evaluating the experience of any applicant for a license,
8regardless of the number of hours required of that applicant, the
9director shall apply the same standards to the experience of all
10applicants.

11(e) No license shall be issued to an applicant who is less than
1218 years of age.

13

begin deleteSECTION 1.end delete
14begin insertSEC. 2.end insert  

Section 11360 of the Business and Professions Code
15 is amended to read:

16

11360.  

(a) The director shall adopt regulations governing the
17process and procedures for renewal of a license that shall include,
18but not be limited to, continuing education requirements, which
19shall be reported on the basis of four-year continuing education
20cycles.

21(b) An applicant for renewal of a license shall be required to
22demonstrate his or her continuing fitness to hold a license prior to
23its renewal. Applicants shall also fulfill continuing education
24requirements established pursuant to this section and shall be
25required to take a minimum of four hours of federal and California
26appraisal related statutory and regulatory law every four years.

begin insert

27(c) (1) The continuing education requirements established
28pursuant to this section shall include education in valuing
29sustainable real estate assets.

end insert
begin insert

30(2) A license shall not be renewed unless an applicant provides
31evidence, in the form and manner prescribed by the bureau, of
32continuing education in valuing sustainable real estate assets.

end insert
begin insert

33(3) For purposes of this subdivision, “sustainable real estate
34assets” include, but are not limited to, solar and wind power
35generation installations and energy efficiency measures.

end insert
begin delete

36(c)

end delete

37begin insert(d)end insert This section shall become operative on January 1, 2013.



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